Journal of Criminal Law and Criminology articles from March 2000

Journal of Criminal Law and Criminology archives from March 2000

Foreword.(Transparent Adjudication and Social Science Research in Constitutional Criminal Procedure)
March 22, 2000... The October 1999 Term was a year of consolidation in the law of police investigations in constitutional criminal procedure. In four short and compact opinions--three supported by sizeable majorities and three written by the Chief Justice--the...

The unclearly established rule against unreasonable searches and seizures.(Transparent Adjudication and Social Science Research in Constitutional Criminal Procedure)
March 22, 2000... Wilson v. Layne, 119 S. Ct. 1692 (1999) I. INTRODUCTION In Wilson v. Layne,(1) the Supreme Court unanimously held that law enforcement officers violate the Fourth Amendment when they allow members of the media to accompany them into a...

My brother, my witness against me: the constitutionality of the "against penal interest" hearsay exception in confrontation clause analysis.(Transparent Adjudication and Social Science Research in Constitutional Criminal Procedure)
March 22, 2000... Lilly v. Virginia, 119 S. Ct. 1887 (1999) I. INTRODUCTION In Lilly v. Virginia,(1) the United States Supreme Court examined whether the admission of an accomplice's custodial confession violated a criminal defendant's Sixth Amendment...

Don't accept rides from strangers: the Supreme Court hastens the demise of passenger privacy in American automobiles.(Transparent Adjudication and Social Science Research in Constitutional Criminal Procedure)
March 22, 2000... Wyoming v. Houghton, 119 S. Ct. 1297 (1999) I. INTRODUCTION In Wyoming v. Houghton,(1) the United States Supreme Court held that a police officer who has probable cause to search a car may search any container within the car that might...

The automobile exception swallows the rule: Florida v. White.(Transparent Adjudication and Social Science Research in Constitutional Criminal Procedure)
March 22, 2000... Florida v. White, 119 S. Ct. 1555 (1999) I. INTRODUCTION In Florida v. White, the United States Supreme Court held that the warrantless seizure of an automobile did not violate the Fourth Amendment where that automobile, which had been...

Stretching venue beyond constitutional recognition.(Transparent Adjudication and Social Science Research in Constitutional Criminal Procedure)
March 22, 2000... United States v. Rodriguez-Moreno, 119 S. Ct. 1239 (1999) I. INTRODUCTION In United States v. Rodriguez-Moreno,(1) the United States Supreme Court held that venue for prosecution under 18 U.S.C. [sections] 924(c)(1),(2) which makes it...

Conditional intent to kill is enough for federal carjacking conviction.(Transparent Adjudication and Social Science Research in Constitutional Criminal Procedure)
March 22, 2000... Holloway v. United States, 119 S. Ct. 966 (1999) I. INTRODUCTION In Holloway v. United States,(1) the United States Supreme Court considered whether the scienter requirement of the federal carjacking statute(2) was satisfied where the...

No instructions required: due process and post-deprivation remedies for property seized in criminal investigations.(Transparent Adjudication and Social Science Research in Constitutional Criminal Procedure)
March 22, 2000... City of West Covina v. Perkins, 119 S. Ct. 678 (1999) I. INTRODUCTION In City of West Covina v. Perkins,(1) the Supreme Court considered whether the Due Process Clause(2) of the Fourteenth Amendment requires state or local law...

Punishing Hate, Bias Crimes Under American Law.(Review)
March 22, 2000... Frederick M. Lawrence, PUNISHING HATE: BIAS CRIMES UNDER AMERICAN LAW (Cambridge, Mass., Harvard University Press, 1999) 269 pp. In recent years, Americans have been shaken by numerous prominent acts of hate-based violence. In December...